M MEENAKSHI Vs. PRINCIPAL KENDRIYA DISTRICT

JUDGEMENT

(1.) Introduction In this batch of writ petitions, an interesting question as to the power and jurisdiction of Kendriya Vidyalaya sponsored by National Thermal Power Corporation Ltd., (NTPC), Jyothi Nagar, Ramagundam, to collect different tuition fee from the children of persons who are not employees of NTPC, but employees of other Central Government Organisations and are not posted at NTPC, would arise for consideration in the background facts noticed hereunder. Background facts

(2.) In 1959, Second Central Pay Commission recommended to establish higher secondary schools with a common syllabus and medium of instruction for the benefit of the children of the Central Government Employees who are liable to frequent transfers as well as other floating population. This was done having regard to the difficulty of Central Government Employees in having uniform education for their children owing to differences in syllabus and medium of instruction in different linguistic areas and varying standards of education. Though such schools existed by that time, the Second Pay Commission considered their number and distribution to be inadequate and the cost of education high. Therefore, the Commission recommended, inter alia, as a measure of educational assistance, provision of more residential and day schools with modest fees and affiliated to an All-India body. The Central Government, pursuant thereto, formulated a scheme for implementing the recommendations of the Pay Revision Commission. Proposal of the Ministry of Education mainly consisted of steps to be taken for establishing schools with common medium of instruction, immediate steps for establishment by the Central Government of about 100 schools and a general policy for encouraging the establishment by the Central Government and private authorities of schools with common syllabus and medium of instruction. The Union Cabinet approved the scheme on 20-11-1962. The objects of the scheme as approved by the Central Cabinet are as under:

(3.) KVS administers and controls distinctly four types of schools. They are Kendriya Vidyalayas in civil sector which are set up and which are run by KVS under the aegis of Ministry of Human Resources Development; Kendriya Vidyalayas in defence sector which are located in different Army cantonments which are meant for the wards of Army people; third category of schools are those Kendriya Vidyalayas which are institutions of higher learning which are not concerned with the education up to Senior Secondary level; fourth category of schools are Kendriya Vidyalayas in the public sector. The last category of schools known as project sponsored Kendriya Vidyalayas are established in/at different project sites of public sector undertakings as sponsored by the concerned public sector undertaking. The sponsorship requires making available land, bearing cost of construction of school building and bearing the recurring and non-recurring expenditure in running and maintaining the schools from time to time. So to say, the expenditure and finance of project sponsored Kendriya Vidyalayas are to be entirely borne by public sector undertaking and KVS will only provide necessary human resources and also controls day-to-day administration, management and organization of Kendriya Vidyalayas.